Page:Black's Law Dictionary (Second Edition).djvu/447

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ESTABLISH

the people," etc. “do ordain and establish this constitution. 1 Story, Coast. § 454. and see Dlcliey v. Turnpike (10.. 7 Dana (Ky_) 123: Ware v. U. S.. 4 Wall. 632. 18 L. Ed 389: U. S. v. Smith, 4 N. J. Law. 38.

Establish ordinarily means to settle certai.u- ly, or fix permanently, what was before uncertain, doubtful, or disputed. Smith v. Forrest,

49 N. H. 230. ESTABLISHMENT. An ordinance or statute. Especially used of those ordinances

or statutes passed in the reign of Edw. I. 2 inst. 156; Britt. C. 21.

ESTABLISHMENT OF DOWER. The assurance of dower made ‘by the husband. or his friends. before or at the time of the

marriage. Britt. cc. 102, 103. ESTACHE. A hridge or Stank of stone or timber. (Jewell. ESTADAL. In Spanish law. In Spanish

America this was a measure of land of sixteen square varas, or yards. 2 White, Recop. 139.

ESTADIA. In Spanish law. Delay in a voyage, or in the delivery of cargo. caused by the charterer or consignee, for which demurrage is payable.

ESTANDARD. L Fr. A standard, (of weights and measures.) So called because it stands constant and immovable, and hath all other measures Coming towards it for their conformity. Termes de la Ley.

ESTANQUES. Wears or kiddies in rivers. ESTATE. 1. The interest which any

one has in lands, or in any other subject of property. 1 Prest. Est. 20. And see Van ltensseiaer v. Poucher, 5 Denio (N. Y.) 40; Beail v. Holmes. 6 Har. & J. (Md.) 208; Mui- ford v. Le Fr.uic 26 Cal. 103; Robertson v VauCicave, 129 Ind. 217, 22 N. E. 899, 29 X. E 781, 15 L. R. A. 68; Ball v. Chadwick, 46 Ill. 31; Cutts v. Com., 2 Mass. 289; Jack- son v. Parker, 9 Cow. (N. Y.) 81. An estate in lands. tenements, and hereditaments signifies such interest as the tenant has there- in. 2 Bl. Comm. 103. The condition or circumstance in nhich the owner stands with regard to his prolielty. 2 Crabb. Real Prop. p. 2, §'942. In this sense, “estate" is constantly used in conveyances in connection with the words “right." “title," and “interest." and is, in a great degree, synonymous with all of them. See C0. Litt. 345. Classification. Estates. in this sense, may be either absolute or coiiditionul. An absolute estate is a full and complete estate (Cooper v. Pooper, 56 N. J. Eq. 48. 38 Atl. 198) or an estate in lands not subject to be defeated upon any condition. In this phrase the word "absolute" is not used legaliy to distinguish a fee from a life-estate, but a qualified or conditional

439

ESTAT E

fee from a fee simple. Greenaivnlt v. Greenawalt. 71 Pa. 483. A conditional estate is one, the existence of which depends upon the bappenlng or not happening of some uncertain event, whereby the estate ma be eitber originally created, or enlarged, or flinally defeated. 2 Bl. Comm. 151. Estates are also classed as ur- ccutcd or executor;/. The former is an estate whereby a present interest passes to and resides in the tenant, not dependent upon any suhse- quent circumstance or contingeiii-y. They are more commonly called “estates in possession." 2 l. Comm. . An estate where there is v_estcd in the grantee a present and immediate right of present or future enjoyment. An executory estate is an estate or interest in lands_ the vesting or enjoyment of which depends upon some future coiitiiizzcucy. Such estate may be an cwnulm-y devise, or an c.-rer-wlnry remainder, which is the same as a contingent reamindcr. because no present interest pus-ios. Further. estates may he legal or ¢-qui'tu.ble. The former is that kind of estate “lliCl.l is properly cognizaliie in the courts of common law. tiiuugh not-iced, also, in the courts of eqiutv. ‘l Stcph. Comm. 21 . And see Sayre v. llloliney. 30 Or. 2:58. 47 Pac. 197; In re Qualifications of Elect- ors. 19 It. I. 387. 35 At]. 21.1. An equitable cst'Ite is an estate an interest in which can only be enforced in a court of chnncery. Avery v. Dnfrees. 9 Ohio, 145. That is properly an equitable estate or interest for which a court of equity nfiorrls the only remedy, and of this nature. especially. is the beneht of cw-ry trust, express or implied, which is not (‘(lli\('il.l‘ll into a legal estate by the statute of uses. I‘lie rest are equities of redemption, constructive trusts. and all equitable charges Burt. Comp. c. S. Brown v. Freud, 43 1nd. .:i.S. In re Qu-ili1ica.- tions of Electors. 19 R. I. 357, 35 Atl. Zi3.

Other descriptive and compound terms. A (‘(71itill.g(‘1l.t estate is one which depends for its effect upon an event which may or may not happen, as, where an estate is limited to a person not yet born. Com: mmmzl estates are those fret-holds not of inheritance or estitcs for life, which are created by the express acts of the parties. in C0fiI.i'.IfllSIi1l(‘IlDD to those iihich are legal and arise from the operation of law. A doininvant estate, in the law of easements. is the estate for the benefit of nhit-h the easement exists or the tenement whose owner, as such, ‘ an easement over an ad_ioinin_-.: estate. ectnnt estate is one which is not yet in . sion, but the enjoyment of v.hir.h is to begin at a future time: a present or vcstcd contingent right of future enjoyment. Examples are reniaindeis and reveisions. A future state is an estate which is not now vested in the grantee, but is to commence in possession at some future time. It includes remainders. reveisions, and estates limited to commence in future without a particular estate to support tbeni, which last are not good at common law. except in the case of chattel interests. See ‘.7 I’»l. Comm. 165. An estate limited to commence in possession at a future day, either without the intervention of a precedent estate, or on the determination by lapse of time, or otherwise, of a precedent estate created at the same time 11 Rev. St. N. Y. {3d Ed.) § 10. Sec Grillin I‘. Shepard, 124 N. Y. 70. 26 N. E. 39- Samed0(V'SI(_V v. Arbuclile, 50 Minn. 4 i N. W. 920: Ford v. Ford. 70 Wis. 19. 33 N. ‘V. ISS. 5 Am. St. Rep. 1] A particular estate is a limited estate which is taken out of the fee, and which precedes a remainder; as an estate for years to A.. remainder to B, for life; or an estate for life to A., remainder to B. in tail. This precedent estate is called the "particular estate." and the tenant of such nstute is called the “particu.lar tenant." 2 Bl. Comm. ll‘:: Bunting v. Speek, 41 Kan. 424. 21 Pac. 288. 3 L. R. A. 0 A seroient estate. ‘I: the law of easements. is the estate upon which the easement is imposed or against which it is enjoyed _

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